Citizens for Honesty & Integrity in Regional Planning v. County of San Diego

ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

I. FACTUAL BACKGROUND

Title XII of the Food Security Act of 1985 ( 16 U.S.C. § 3801 et seq.) (“FSA”), governing wetland conservation, is commonly known as “Swampbuster.” Any person who produces an agricultural commodity on converted wetland forfeits eligibility for a variety of federal loans and farm subsidies. See 16 U.S.C. § 3821 (a). Thus, Swampbuster acts as an incentive for the conservation of wetlands.

The Swampbuster provisions define “wetland” as any property consisting of: (1) hydric soils, (2) wetland hydrology, and (3) hydrophytic vegetation. See 16 U.S.C. § 3801 (a)(18). In contrast, the County of San Diego’s Resource Protection Ordinance (“RPO”) defines “wetland” as any property containing: (1) hydric soils, (2) wetland hydrology, or (3) hydrophytic vegetation. See RPO Art. II, ¶ 16. Clearly, the RPO definition of “wetland” is far broader than the definition found in Swampbuster. Therein lies the dispute between the parties to this litigation.

Plaintiff Karl A. Turecek is the managing general partner of Jacumba Valley Ranch Ltd. Partnership (“Jacumba”), an…